By Eric B. Meyer on October 17, 2012 7:00 AM | The Employer Handbook That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Under Title VII of the Civil Rights Act, an employer engages in unlawful retaliation when, in response to an employee complaint of discrimination, it acts in a way that may dissuade a reasonable worker from making or supporting a charge of discrimination. So, let’s assume that an individual files a charge of discrimination with the EEOC  [ Read More ]

The US law has it that the employer can avoid sexual harassment to his employers by putting in place measures to avoid harassment. This is very important since as an employer, one should be able to take care of all that goes on in his organization. This does not mean that he should always be present to keep an eye on all that is going on. It is upon him to assign supervisors and managers that will ensure that there are high moral standards being up held in the work place. If the employer is not very conversant with the  [ Read More ]

A female shipyard welder who accused her employer of sexual harassment has won a groundbreaking ruling that posting pictures of nude and partly nude women is a form of sexual harassment. While rulings in other cases have found that pornographic pictures may contribute to an atmosphere of sexual harassment, the new decision is thought to be the first finding that such pictures are, in and of themselves, harassment. The judge, Howell Melton, of Federal District Court in Jacksonville, Fla., found on Friday that Jacksonville Shipyards Inc. and two of its employees were directly liable for the harassment. He rejected what  [ Read More ]

New Jersey recognizes the right of a worker to prepare to compete with his or her employer even while in the employer’s employ, provided the preparation does not involve taking the employer’s confidential and proprietary information and property. However, New Jersey also recognizes that the worker owes a duty of undivided loyalty to act solely for — and in the best interests of — his or her employer. The worker’s right, therefore, does not curtail his duty to his employer, a New Jersey Appellate Division court has confirmed. Baseline Services, Inc. v. Kutz, 2011 N.J. Super. Unpub. LEXIS 2309 (NJ  [ Read More ]